What's new overhaul. How is it legal not to pay contributions for the overhaul of multi-apartment (multi-storey) buildings? What the exemption law says and who should not pay

19.10.2019

Are tenants required to pay contributions to the fund for overhaul?

Yes, it's a duty. Payment is not imputed only to owners of housing belonging to the emergency fund and certain categories of citizens recognized as the least socially protected.

And notorious Determination No. A-57-APG14-2 dated June 4, 2014, which is referred to, in no way cancels the provisions of the law, it is only an answer to the question of the legality of the regional operator's fund. And what powers does he have?

And about what you need to pay for major repairs, without any rumors it is said in the federal legislation of the Russian Federation which has not yet expired.

Who has the right not to pay?

Who is not obliged to pay for the overhaul of common property in an MKD? There are such "castes" (Federal Law No. 399-FZ of December 29, 2015). The homeowner's overhaul fee is not mandatory for:

Some citizens will be compensated for expenses in the amount of up to 50%: these are disabled people of groups 1 and 2, pensioners from 70 years old (single or living in a family only from persons retirement age), disabled children and those with a disabled child.

Separately, it is worth mentioning the owners of apartments in new buildings.. The law does not say anything about them and does not single them out in the category of “legitimate non-payers”.

Although in their case we will talk about repairs no earlier than in five to ten years. Are homeowners obligated to pay for major repairs if the building that needs repairs for one reason or another is “under” 5 years old? In this case, all work to restore the new apartment building is assigned to the construction company.

It will not be possible not to pay, but there is every reason to hope that their situation will be taken into account by legislators.

We look at the provisions of the law

Is the overhaul fee mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (since July 1), changes were made to Federal Law No. 271-FZ. In particular, Article 13 was "adorned" with paragraph 8.2, and it just implies the minimum contributions for overhaul.

Is the law perfect? At the moment, fuzziness is really striking, for example, the absence of a boundary between current repairs and overhauls.

That is, in practice, of course, everyone understands the difference in terminology - Maintenance these are minor corrections, such as painting, plastering, structural repairs. Major works include more large-scale works - improvements in structures, restoration of worn parts, etc.

But the point is that the column in payments from housing and communal services is called "current repairs". But after all, the tenants are already paying for it, and therefore they are indignant: why are they obliged to pay more ?!

In fact, one should only be indignant at the fuzzy formulations of the law which is not always easy to understand right away. In fact, the money will go to the intended purpose.

The trouble is that the boundary between current and major repairs is often very conditional.

Another reason for the dissatisfaction of the inhabitants of the houses is putting money into what they think is a "common pot". That is, there are two "piggy banks":

a special account for a separate building (established in agreement with the meeting of homeowners);
account of the regional operator.

It is clear that the last "piggy bank" is more voluminous and contributions from many houses are received there. Is it necessary to pay to the capital repair fund, because many absolutely rightly do not want to pay for other people's repairs?

But according to the authorities, this should not be feared - a strict record of all incoming tranches is kept and not a single house will be repaired at the expense of another.

trench size in different regions Russia also varies. Its size is influenced by many nuances, such as how old the building is, what material it is made of, whether it has an elevator or not, etc.

No down payment and no payment after down payment: is there a difference?

Contributions are preliminary, work will be done when required amount accumulate in the account. The HOA can completely take this process into their own hands and open their own account.

Truth, there is one "but"- if the deadline is right, but it turns out that there are no funds, the owners will have to take a loan from the bank.

Are we obligated to pay for major repairs of the house if there is no contract? There is also such an opinion: if the contract is not signed and the first payment has not been made (it is he who is an effective confirmation of the party about the existence contractual relations), you don't have to pay.

At the same time, they refer to Article 425 of the Civil Code, which regulates the adoption of the contract.

Article 425. Validity of a contract

The contract comes into force and becomes binding on the parties from the moment of its conclusion.
The parties have the right to establish that the terms of the agreement concluded by them apply to their relations that arose before the conclusion of the agreement, unless otherwise provided by law or follows from the essence of the relevant relations.
The law or the contract may provide that the expiration of the term of the contract entails the termination of the obligations of the parties under the contract.
An agreement in which there is no such condition is recognized as valid until the moment of completion of the fulfillment of obligations by the parties specified in it.
The expiration of the contract does not release the parties from liability for its violation.

I would like it so much, but in fact everything again rests on the notorious the federal law No. 271-FZ and.

It is they, and not the contract, that dictate to the owners of apartments whether to pay or not. The need for payment is clearly stated in the regulatory legal acts.

After the adoption of the law, eight months were allotted for the owners of the apartments to decide at the general meeting who they would transfer the contributions to - the regional operator or to the special account of their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the LCD), but it is not the final authority.

If no decision is made, no big deal.— the regional account already exists and is kindly provided by the municipality.

Do I have to pay for repairs? As you can see, the question “is it possible not to pay” is not worth it at all - legally required to pay for repairs. The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

Worth paying or not?

Worth it if you don't want trouble firstly(because only the fear of punishment can force many citizens to comply with the established rules).

And secondly, it’s worth it if you want to live in a habitable house - after all, all tranches are strictly taken into account and repairs of houses are carried out at their expense.

So, it turns out that citizens do not pay the Management Company, but themselves.

Effects

Adverse:

a gradually deteriorating building (living in it is not only unpleasant, but sometimes unsafe. Few people want to guess when entering the elevator whether it will safely reach the desired floor or not);
notifications from the Management Company;
late payments and accrual of penalties;
trial.

The amount of penalties will depend on what tariffs are set in a particular region taken.

Separately, it should be mentioned how the Management Company may react. Utilities have the right to notify the debtor of overdue contributions (official document, by mail with notice under signature) and then apply sanctions.

This includes the shutdown of utilities. And the presence of minor children will not be an obstacle.

And the measures will follow (clause 80 of the Rules for the provision of public services). Up to the "heavy artillery" (claim demanding eviction), because According to Deputy Minister of Construction and Housing A. Chibis, the situation is almost desperate.

Approximately one quarter of Russians do not consider it necessary to comply with the provisions of the law on mandatory contributions for capital repairs. Whether the authorities will allow someone to disobey the law is a rhetorical question.

So when you ask yourself the question, “Do I have to pay into the home improvement fund?”, think about this one more thing - The best way avoid problems from non-payment is not to allow it.

To do this, it is necessary to realize that even though the wording of the law may still be far from perfect, but you pay in any case to yourself and only to yourself- for a comfortable and safe stay.

A huge problem for the modern population has become a major overhaul apartment buildings. Pay or not? This is the question that worries many citizens. What do lawyers think about this? How should the public act? All this will be discussed later. In fact, questions related to capital repairs do not have an unambiguous answer that will satisfy the population. Therefore, it is necessary to consider the situation from different angles.

Innovation in Russia

Should I pay for the overhaul of an apartment building? This question is of interest to all people living in Russia, in particular, in apartment buildings.

Major renovation of real estate is a mandatory process. It helps to restore and maintain buildings and structures in a normal, usable condition. We can say that the money raised is used to overhaul one or another housing.

In Russia, the overhaul fee is considered a kind of innovation. She appeared just a few years ago. And so people don't know whether to pay for it. Someone immediately pays the received receipts, some refuse to pay cash. Who is right? What can lawyers say about this?

Who pays

It is difficult to get a clear answer from them. Sooner or later, the question arises that it is necessary to carry out a major overhaul of apartment buildings. Who should pay?

In this area, lawyers accurately determine the payers of the contributions being studied. To correctly answer the question posed, it is necessary to refer to the Housing Code of the Russian Federation. It clearly states who is the payer.

In accordance with the established rules, all owners of premises (residential or not) will pay. In other words, property owners. It would seem that everything is simple. But in practice this is not the case. What problems and questions does the overhaul of apartment buildings bring? Pay or not for it? What are the risks of non-payment of invoices? Is it really something to be afraid of? Lawyers have a huge number of opinions on these issues. But it is very difficult to find a definitive answer.

Categories of payers

Who exactly in practice transfers certain amounts for home repairs? Normal question. After all, it often happens that an apartment has several owners. How then to transfer money? And is it worth it?

To date, lawyers and legislation note the following categories of payers:

apartment owners (all in general);
owners of non-residential property (if it is located in apartment building);
tenants of housing (pay according to invoices).

Accordingly, there is nothing difficult in the process. All citizens pay for certain received receipts on their own. Contributions for capital repairs come in the form of a separate payment, but together with the rest of the utility bills.

pensioners

Many are interested in how pensioners should act in this or that case. It's no secret that the retirement age is the basis for receiving many benefits in Russia. And what about the overhaul for pensioners?

Some believe that older people are required to make money on bills. And this is despite the fact that this category of the population has benefits for utilities. Is it really necessary to pay pensioners for the overhaul of apartment buildings?

Lawyers say that citizens of retirement age are not exempt from this payment. Instead, they are entitled to compensation in various sizes. Accordingly, pensioners pay for overhaul, but the same money is returned to them. In practice, there is no complete exemption from the billed payment.

Citizens of 70-80 years old still transfer money on incoming payments. Until the age of 80, the population receives a refund of half of the money paid, after the specified age - 100% of the amount paid for the overhaul. These are the rules established in Russia today.

Who does not pay 100%?

All of the information above is just a start. What else has prepared a major overhaul of apartment buildings? To pay or not to the population of the Russian Federation according to the receipts issued to them?

According to the established rules, it became clear who exactly should give money for the upcoming overhaul. Are there categories of the population that are 100% exempt from this payment?

Yes. Lawyers point out that not everyone is required to pay the receipts they received. After all, by law, property owners take responsibility for the repair and maintenance of property.

Accordingly, you can not pay:

citizens living in an apartment under a social contract of employment;
people who use the apartment without property rights (for example, registered in housing);
those who hired or rented the premises of the MKD.

Special cases

What other features do you need to pay attention to? There are a number of cases in which even property owners can be legally exempt from contributions. When does such an opportunity occur?

What does a major renovation of apartment buildings involve? Do I need to pay for payments sent by the relevant fund? Yes, but not always. If the house is not participating in the capital renovation program. These are special cases. They don't occur very often.

When exactly? If a:

real estate is recognized as emergency;
is new and put into operation less than 5 years ago;
the house is not an apartment building;
real estate land is seized by the state.

Accordingly, in a new building or dilapidated and dangerous housing You don't have to pay for a major overhaul. This is normal. And not everyone knows about it.

How much pay

An important point is the amount of the payment. How is it calculated? What factors affect the amount of the overhaul fee? There are quite a few of them.

How much to pay for the overhaul of an apartment building? The exact amount is determined depending on:

year of construction of the property;
the presence / absence of an elevator;
area of the apartment;
the region where the property is located;
work plan;
the number of floors in the house.

However, the amount of payment is usually not too large. Only in combination with other housing and communal services, it is necessary to give a fairly large share of the salary to organizations servicing the house every month. And so people are not too willing to pay for major repairs.

Where to pay

The next question that interests residents is where to pay for the overhaul of an apartment building. Which organization is raising money for upcoming work?

Funding for capital repairs is carried out according to several schemes. It:

Transfer of money to the account of an apartment building. A very common option.
Depositing funds to a regional operator. In practice, it occurs more often than the first.

Where exactly is this or that money transferred? Now in Russia there are special capital repairs funds. They collect funds for the process, as well as issuing receipts of the established form.

Origins of the problem

So is it necessary to give money for the overhaul of apartment buildings? Pay or not? The opinion of a lawyer who has ever studied this topic, usually does not give an unambiguous answer that can satisfy the population.

In general, the transfer of funds is required by law. But in Russia, issues related to major repairs cause many problems. Why?

The thing is that the population massively refuses to make the appropriate contributions. Some believe that the bills issued are an easy way to collect additional funds from the public. A kind of deception, covered overhaul.

The main source of disagreement is the actual lack of grounds for collecting money for repairs. Some residents say they pay their bills, but the houses are still not in the best condition. And they don't do major repairs.

Some tenants refuse to pay because they simply don't believe they'll live to see the massive renovations on their homes. Someone even says that repairs in the entrance were done only 1 time per recent years 25. And they still continue to collect money from the tenants.

That is why people think whether to pay for the overhaul of an apartment building. After all, in fact, the tenants do not know where their money is spent. Major repairs are rare, and funds are collected on a monthly basis.

Consequences of non-payment

Despite this, contributions for major repairs are a mandatory payment. Moreover, this statement is accepted legally. There is even a separate law indicating the need to maintain apartment buildings by owners.

Overhaul of apartment buildings - is it necessary to pay or not? Yes, if the citizen does not belong to the privileged categories, which have already been mentioned earlier. Non-payment of invoices brings many problems.

What is the debt for capital repairs? Today it is:

a ban on leaving the country (with a debt of 10 thousand rubles);
inability to conclude a deal involving a particular property;
confiscation of real estate and property.

In some cases, a citizen may lose certain subsidies and benefits. Therefore, evading payment of funds for major repairs is fraught with negative consequences for all owners.

real picture

How are things in the country in reality? The population does not always act within the framework of the established legislation. And renovations are no exception. In fact, all apartment owners are divided into several categories. The first does not pay dues at all. In fact, such people are simply accumulating debt. The second irreproachably pays according to the bills. And someone, before depositing this or that money, is interested in what they will be spent on. And only after he makes sure that the payment is safe, he transfers the money to the account of the overhaul fund. Overhaul of apartment buildings - do I have to pay? It's not easy to understand this topic!

Of course, everyone has their own opinion on the issue under study. Both non-payers and payers on bills issued are right in their own way. On the one hand, a major overhaul of the house can not wait. Then no one will return the money to the tenants. The question is, where will they go? On the other hand, if the overhaul fund does not have the funds to carry out certain works, then the apartment building will not be repaired. Simply nothing! All this makes people think about whether to pay money or not.

Results and conclusions

So, today at the legislative level it was decided that residents are required to deduct certain amounts for the overhaul of apartment buildings. Pay or not? Lawyers say that by law, citizens must pay for all the receipts they receive. And for major repairs as well. But this does not mean at all that absolutely all tenants will begin to extinguish the accumulated debts. In practice, some, as already mentioned, refuse this payment.

Some offer to pay for major repairs after the completion of certain works. Then, when it will be clear what the population pays for. But this initiative did not receive support. Accordingly, so far in Russia the situation with major repairs is ambiguous. It is necessary to pay, but for what specifically - it is not entirely clear. After all, in fact, a citizen transfers money for a service that is not provided.

It is only clear that you will have to pay for housing repairs in without fail. Otherwise, the citizen will face a number of negative consequences.

Since 2014, residents of multi-apartment buildings in Russia have been charged for capital repairs. Such an obligation is spelled out in the provisions of the Housing Code of the Russian Federation. He decides that it is the tenants who should gradually accumulate funds in the account managing organization, and then let them go for repairs.

At the same time, there are many useful tips how to legally avoid unnecessary spending.

What does the overhaul include?

Do you need on the subject? and our lawyers will contact you shortly.

Reasons for non-payment of overhaul receipts

The question of how not to pay for overhaul is of concern to most Russian citizens.

Many refuse to invest in the promised increase in the comfort of their living.

There are several reasons for this:

First, the timing of the program focused on the renewal and rehabilitation of apartment buildings does not have a clearly defined time frame. This raises doubts about the intended use of funds. For example, most citizens will not be able to say exactly where the capital repairs payments went in 2016.
Second, the premises common use, including attics, stairwells, Technical buildings, foyer, do not belong to the residents of the houses (this is most often the property of the municipality). Nevertheless, the collected funds are most often directed to their restoration. At the same time, the municipality can rent them out in the future. commercial organizations and third parties.
Thirdly, not all tenants need property repaired with their money. For example, it makes no sense for residents of the lower floors to provide money to restore the operation of the elevator.

The last point is one of the reasons why citizens refuse to contribute funds to special funds for apartment buildings.

What threatens to refuse to pay for overhaul

Many Russian citizens not only do not want, but actually do not pay for the overhaul of the apartment buildings in which they live. What is the risk of non-compliance with the norms prescribed by law in 2019?

Initially, the municipality will send notifications to the phone and mail of the owner of the apartment about the need to pay off the debt associated with the overhaul of the house.
For each month of delay in contributions to the fund, penalties will be charged on the amount of the debt in the amount of 0.5 to 5% of the payment.
After six months, the issue may be referred to the judicial authorities.

If during the trial the guilty party cannot justify its refusal to pay for the overhaul, then by a court decision it may be required to pay the debt, pay off penalties and cover all legal expenses.

How to Legally Avoid Paying for Major Repairs in 2019

Even taking into account the circumstances discussed above, there is a very real opportunity to refuse to pay for the overhaul of an apartment building and, moreover, on completely legal grounds.

At the same time, refusal to pay for capital repairs does not imply zero costs, but it can provide a significant reduction in them.

Tenants to help

If the owner of the apartment rents out his housing, he can shift the obligation to pay for the overhaul to the tenants. The latter currently live in the house, and, therefore, they are interested in providing comfortable conditions for living.

Do-it-yourself repair

If the residents of the house do not want to pay money for the services of repair teams, then they can repair the facade, roof, foundation, communications together on your own. However, in this case, it will not be possible to completely avoid costs, since restoration and restoration work requires special tools and materials.

Advertising banners

The most popular way to reduce the cost of overhaul to nothing is to place on the facade of the house advertising banners. Income from this kind of activity also finances the fund for major repairs, without affecting the family budgets of the residents.

The latter option is convenient, but only relevant in major cities, in houses located in places of high traffic of people.

Other methods of refusing to pay funds for capital repairs are recognized as illegal and may result in administrative penalties in the form of penalties and fines.

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February 16, 2017, 23:16 Mar 3, 2019 13:50

Russians traditionally take upon themselves the repair and maintenance of their apartments and houses, using the services of specialists only in extreme cases. This attitude to the maintenance of one's own housing is in conflict with the new law, in force since 2015, on services for major repairs. Of course, it does not apply to the direct living space of the owner of the apartment and extends to the public service sector and, at first glance, is quite objective and aimed at the good.

However, the need to pay for good intentions With its own finances, the authorities are forced to delve into the intricacies of the innovation in detail, as well as to look for an answer to the question: if you do not pay for overhaul, what will happen? For some, it seems rhetorical, for others - an occasion to think about possible consequences after such a decision has been made.

How much will it cost?

Inaccurate data on tariffs for new contributions to utility bills- Not unusual. The same can be said about payments for capital repairs. The average tariffs at which it is established how much to pay for overhauls vary from 5 to 15 rubles. per sq. m. That is, the regions independently set the amount of contributions, based on the state in which the local housing stock is located. The highest rates were noted back in 2014, when the figures were 20-50 rubles. On the this moment experts still note the possibility of using modern technologies and materials, as well as the likelihood of an increase in overhaul periods.

Presumably, these factors, even in the most neglected subjects, will not allow raising the minimum reasonable price above 20 rubles. per sq. m. The unpleasant moments in this part include the fact that many citizens have already faced a high commission when paying by mail and through savings banks. On average, it is 30-50 rubles.

Who should pay?

According to the law, the owners of apartment buildings are required to pay for capital repairs. Now it’s worth figuring out whether all apartment owners need to pay for overhaul? According to the authors of the law, the poor should not suffer. In this regard, the benefits for payments for overhaul will be received by the same citizens who currently have them for everything

In other words, the Second World War, as well as whole line citizens who are included in social support programs are not among those who have to pay for major repairs and related services. The payment of benefits will be carried out according to the old scheme: in case of exceeding the cost of paying for real estate by 10% after the inclusion of a major overhaul, the family will be entitled to subsidies.

What is included in the overhaul?

In order to assess the feasibility of contributions for the overhaul of houses, it is worth familiarizing yourself with the list of works included in this public service item. It includes the following:

repair of roofing and load-bearing structures;
recovery and ;
repair work in basements;
putting in order the foundations;
renovation or repair of engineering systems (sewerage, water supply);
replacement or installation of elevators.

Also, in some regions, it is planned to revise the smoke removal and fire extinguishing systems, conduct technical ones, etc. But these are still isolated cases, since the cost of overhaul against the background of its expansion increases significantly. One way or another, the works described make us consider the question in a new way: if you do not pay for overhaul, what will happen? In this context, it means what will happen to the house, because it was the number of emergency and in dire need of repair of apartment buildings that motivated the authorities to take such drastic measures.

Repair Guarantees

There are quite a few people who positively consider the overhaul of housing. To pay or not - for them such a question is not worth it, but at the same time there should be guarantees. In any case, many want to be sure that the money will not be stolen, but will be used in accordance with its intended purpose. Regional operators will take responsibility for this. In their departments, departments are being formed, among the tasks of which is the overhaul with the funds received by the regional funds according to the plan. All apartment buildings are included in special lists with registers, access to which will be provided to any payer. Thus, it is possible to track the expenditure of funds and the implementation of repairs for each object.

Arguments against contributions

Claims to the amendment from the date of its adoption come not only from ordinary citizens, but also from experts. In particular, the expediency of the innovation is called into question due to the fact that apartment owners do not own common house property. It is this aspect that justifies the very formulation of the question: to pay for the overhaul of housing or not? The fact is that the municipality transfers ownership of only a certain area of the house, but the attic, roofing, engineering networks and the basement are not included in the property of a particular tenant. A typical example illustrating the injustice of this approach is the obligation of the owners of apartments on the first floor to invest in the replacement of the elevator.

In addition to everything, the timing is unknown when the planned plan to improve the state of the housing stock will be implemented. For this reason, many owners deliberately refused to pay for the overhaul, since at the time of its implementation they will completely change their place of residence. For reference: in some regions, the implementation of repairs is stretched for decades - and this is only according to the documents.

If you don't pay?

It is difficult to predict what the practical consequences will be for those who refuse such cooperation with the municipality. In theory, the owner of the apartment has the right not to pay in full all the columns in the utility bill. Nevertheless, the question remains: if you do not pay for the overhaul, what will happen? The capital funds note that people who become indebted under this item will receive notifications. After that, as in the case of other utilities, should wait for the trial. In accordance with the law, interest will also be added to the amount owed every month. However, from the moment the house is included in the list of those subject to major repairs, its owners have the right to independently determine the format for collecting money for the “repair fund”.

There are also rumors about the abolition of monthly compensation for citizens who are in the category of socially protected. This primarily applies to pensioners. That is, if the owner of this group does not pay for the overhaul, then the benefit in the form of an EBC will be canceled for him. In fact, there is no reason for such a measure, since financial compensation does not apply to overhauls.

How not to pay legally?

The most rational way to get rid of new obligations may be one of the options proposed by the authorities: the use of rental savings from the delivery of non-residential premises in the house and the independent implementation of repairs at the expense of residents. Of course, in this case, it is impossible to avoid collecting money, which will also be used for overhaul. To pay or not to pay according to the receipt - such a question will disappear and will be transferred to the responsibility of the meeting of homeowners.

Overhaul at the expense of the house

This option, as an alternative, is convenient for those who do not want to pay utility companies and plan to carry out repairs on their own. The scheme is quite understandable and has been worked out in other areas of public utilities: the owners at the general meeting decide to open an account for the house, from which maintenance activities will be financed. In this case, a legal suspension of payments is allowed and it is possible not to pay for overhaul to regional funds. However, it is important to consider that the amount on the account of the house must correspond to the minimum set by the regional authorities for major repairs. That is, self-collected money must correspond to the size of the total payments for a particular house.

Financing from rent and advertising

Almost every apartment building has non-residential premises. Since the mandatory payment of contributions for overhaul assumes that all the property of the building is in the possession of the tenants, they can dispose of it at their discretion. So, for example, at the expense of rental income, you can make up for the cost of overhaul. To pay or not to pay - in this case, such a question does not become. Moreover, the owner of the apartment may not invest a penny at all from his personal pocket.

But again, the main thing is that the amount from the lease of non-residential areas is enough to cover the cost of repairs. In addition to this method, the possibility of providing a facade as an advertising platform can be noted. By the way, new law can be a reason to check how this financial potential is used in the house. The most active members of the self-government often receive income from rented premises. Perhaps they should be redirected to directly improve the condition of the house?

Emergency houses - do I have to pay?

At the moment, this is the most pressing issue that affects not only the overhaul program, but also the procedures for resettling residents. The law clearly states whether it is necessary to pay for major repairs in emergency housing - no, until it is excluded from the program. Nevertheless, in many regions there are cases when the owners of apartments in non-repairable buildings complain about receipts with payment points for recognized as emergency, which should be excluded from the list of objects for the restoration of which funds are collected.

Similar inconsistencies arise from other problems. In this case, these are delays in resettlement. People complain that while they are waiting in line, they have to pay the cost of maintaining a potentially uninhabitable home. In this regard, the question is interesting: if you do not pay for major repairs, what will happen in the case of housing that has received the status of emergency? The authorities indicate that all funds raised for such houses will be used to demolish them and implement a resettlement program.

Conclusion

As you know, many laws at the first stages of implementation reveal significant shortcomings and are adjusted in accordance with them. Most likely, this is also waiting for the mandatory overhaul of houses, since its flaws have a very noticeable effect on the financial well-being of citizens. At the same time, it is important to note the alternative opportunities that were left to people who want to put their houses in order on their own. True, even in such cases it will not be possible to avoid the hassle of organizing a major overhaul. Indeed, in addition to general collection money from the owners, you need to look for and hire a contractor.

One way or another, today in Russia millions of houses are in need of repair. To take responsibility for the maintenance of the house into their own hands or to lay it on the state - each house management decides privately. But one thing is clear: the costs of overhaul are borne by the citizens themselves, and this is perhaps the main drawback of the new amendment.

We tell you when debtors should wait for bailiffs and whether it is possible to legally get rid of contributions.

I have not paid for a major overhaul since 2015 as I believe these fees are illegal. Can I be held liable?

Despite the fact that the law on overhaul was signed back in 2012, disputes about whether new payments are obligatory for citizens continued until 2016, when the Constitutional Court of Russia finally came to an end and recognized these contributions as legal.

The obligation to pay for overhaul is provided by the Federal Law of December 25, 2012 N 271-FZ. Residents of the Kirov region began to receive the first payments at the end of January 2015. Since then, the tariff from 6.7 rubles. per square meter rose to 8.3 rubles. By the way, this is one of the highest tariffs in Russia.

The collection rate in the Kirov region is 82%, that is, about 18% of owners do not pay for major repairs. As of November 2017, citizens' debt to regional fund overhaul of 600 million rubles.

What is the liability for debts for overhaul?

For non-payment of contributions for overhaul, administrative liability is provided - the same as in the case of non-payment of other utilities. Starting from the 31st day of delay, interest is charged to the owner. In theory, notifications from the regional operator about the need to pay off debts will begin to come to the mailbox. If payments for overhaul are not received from the owner for two months or more, the regional operator may apply to the court. It does not matter when the overhaul will take place in the debtor's house.

As a rule, the debtor is not invited to court, since amounts up to 500 thousand are collected as part of a court order, - commented Andrey Vorobyov, expert of the Public Chamber of the Kirov Region and head of ANO ZhKKH Expert. - Litigation is not expected.

In most cases, the court takes the side of the plaintiff and decides to collect the debt. It can be voluntarily repaid within five days. If this does not happen, an enforcement fee is also charged from the debtor - 7% of the amount of the debt, but not less than 1,000 rubles for citizens and 10,000 rubles for debtor organizations, the press service of the UFSSP for the Kirov region recalled. As of today, 1,011 enforcement proceedings against debtors for capital repairs in the amount of more than 7 million rubles are under execution in the regional department of the department.

In the apartment persistent defaulters per utilities, including for overhaul, can also turn off electricity and water, block sewers, keep debt from salary bank card, seize property, and if the amount of debt exceeds 10 thousand rubles - do not let him out of the country. However, it is not known to what extent this practice is applied specifically to non-payers of contributions for overhaul.

Are there legal ways to avoid paying for overhaul?

The following categories of citizens do not pay overhaul contributions:

residents of houses recognized as emergency or subject to demolition;

living alone, non-working pensioners over 80;

residents of houses owned by the municipality;

residents of houses under which the land is withdrawn for state or municipal needs.

Also, citizens with disabilities of groups 1 and 2, single non-working pensioners (or a family of pensioners) over 70 years old, citizens who have children with disabilities in their care have a 50 percent discount on capital repairs. At the same time, in order to qualify for a benefit, debts for other utility bills.

Those who pay for overhaul not to a regional operator (NPO Capital Repair Fund), but deposit money into a special account at home, have the opportunity to suspend payments, Andrey Vorobyov noted. If the house is not older than five years and the account has accumulated an amount of 10% of marginal cost repair work, then by decision of the meeting of owners, contributions can be suspended until the overhaul begins in the house. If the house is from 5 to 10 years old, you need to accumulate 20%, from 10 years old - 30%.

Can I appeal court order about debt collection?

This can be done within 10 days. After that, a standard trial begins, in which the plaintiff sues the debtor, and he will have to appear at the meeting and prove his right not to pay contributions. However, in the vast majority of cases, it is impossible to prove this, since on April 12, 2016, the Constitutional Court already recognized as legal the obligation to pay for overhaul.

If the receipt from the regional operator does not indicate the name of the owner who must pay the fee, or is indicated incorrectly, does this exempt from paying the fee?

Doesn't release. The full name of the owner may not be indicated on the receipt due to the fact that the Capital Repair Fund did not receive the personal data of the owner in full. If the Fund collects the debt through the court, it may request an extract from Rosreestr, in which the full name will be indicated. According to this statement, the debt will be collected.

If I bought an apartment from an owner who has accumulated debts for major repairs, will I have to pay them?

Yes, according to Part 3 of Art. 158 of the Housing Code of the Russian Federation, the obligation, including the debt for major repairs, from the previous owner passes to the new owner from the moment the property is registered. Therefore, before buying a secondary home, it is necessary to check the debts. You can ask for the last paid receipt directly from the person from whom you are buying an apartment, make a request to the regional Capital Repair Fund, or contact management company or HOA serving the house, if its tenants have opened own account for capital repairs.